Help please, housmates talking about leaving, only I have signed renenwal contract.

[ibscotty]

Hello all need a bit of advice please..

 

So I have lived with 2 other lads for the past 2 years and we all agreed we would re-let our house again his year. A few weeks ago we got an email saying they needed us to confirm and sign the tenancy agreement for next year so I went down and did so expecting the others to do the same within the next couple of weeks which the Estate Agent was fine with. Then within a week or so of me signing the other 2 have had a big fallout and now they are both saying they want to move out (maybe 1 will stay if the other goes Im not sure) but as I have already signed the contract am stuck in it if they leave or? The contract is supposed to restart on the 1st of July.

 

There's no way I can afford it on my own as Im unemployed atm so only receive JSA and Housing Benefit. Im really a bit worried.

Edited May 3, 2013 by ibscotty

[stu007]

Hi ibscotty

 

Please be patient I am sure the caggers will be along to give you some advice.

 

Now have you all signed a joint tenancy agreement or separate individual agreements?

 

Are there any clauses if one tenant decides to leave?

[ibscotty]

Hi stu thanks, Its a joint agreement, looking through last years contract theres a part that says..

 

"The Tenancy is Joint and Several i.e If any tenant wishes to leave the premises during the tenancy period then the outgoing tenant and the remaining tenants will be responsible for finding a replacement tenant, and obtaining the consent of all parties concerned prior to any arrangements being finalised. In this situation the original Tenant remains separately liable for the whole rent until a replacement Tenant has been mutually agreed and the new Tenant will then be taken to have assumed the rights and obligations of the Tenant replace for the remainder of the term granted, as if named as an original tenant. The outgoing tenant will be responsible for an administration fee equal to half or one months rent plus VAT. The incoming tenant will have to pay the standard application fee. In the event that a replacement tenant is not found and the outgoing tenant fails too pay the due rent, the remaining tenants will be liable for the rent until the expiry of the term of the tenancy agreement.

This is a fixed assured shorthold tenancy agreement. There is not a period of notice that can be given by either party to end this agreement."

 

Which doesn't sound good.

[mariner51]

So 2 yr fixed term ASTexpiring Jul 13, with terms for interim replacement Tclearly detailed so all current Ts pot liable for property & rent until AST expires in Jul.

I would write letter to LL&LA rescinding your recently signed AST, inform them of current T disagreements and say you will inform them if all current Ts intend to vacate by end of current fixed term. Then go and knock flatmates heads together, putting onus on any Twishing to vacate to find an acceptable replacement by endof May.

[ibscotty]

So 2 yr fixed term ASTexpiring Jul 13, with terms for interim replacement Tclearly detailed so all current Ts pot liable for property & rent until AST expires in Jul.

I would write letter to LL&LA rescinding your recently signed AST, inform them of current T disagreements and say you will inform them if all current Ts intend to vacate by end of current fixed term. Then go and knock flatmates heads together, putting onus on any Twishing to vacate to find an acceptable replacement by endof May.

 

Thanks mariner, will the landlord/agent be ok with rescinding the contract even though I have signed it already? are they obliged to or anything or do you think it's likely to cause a fuss?

 

"onus on any Twishing to vacate to find an acceptable replacement by end of May."

 

I'm not sure if they would, the one that's most likely to leave I think is in the mindset that it doesnt matter to him because he hasnt signed anything. So I suppose it would be upto me or the agent to find a replacement.